He who has no legal status in court is said to be “out of court,” i. e., he is not before the court. Thus, when the plaintiff in an action, by some act of omission or commission, shows that he is unable to maintain his action, he is frequently said to put himself “out of court.” Browu. The phrase is also used with reference to agreements and transactions iu regard to a pending suit which are arrauged or take place between the parties or their counsel privately and without being referred to the judge or court for authorization or approval. Thus, a case which is compromised, settled, and withdrawn by private agreement of the parties, after its institution, is said to b